Terms and Conditions
Landscape Supplies Limited trading as Wyatt Landscape Supplies
Website: www.wyatts.nz | Contact: admin@wyatts.nz | PO Box 199, Warkworth 0941, New Zealand
1. Definitions and application
“Wyatts”, “we”, “us” and “our” means Landscape Supplies Limited trading as Wyatt Landscape Supplies. “Customer” means a person or entity purchasing goods or services from Wyatts. “Goods” includes landscaping materials, soils, compost, mulch, aggregates, bagged products and other items we supply. “Services” includes delivery, loading and other services agreed with a customer.
These terms apply to purchases made through www.wyatts.nz and, where relevant, purchases arranged directly with Wyatts. Separate written credit account terms, if signed, also apply to approved trade account customers. If there is a conflict, mandatory law prevails.
2. Orders and acceptance
Website listings are invitations to purchase. An order submitted online is an offer to buy; Wyatts accepts it when we confirm acceptance or dispatch/prepare the order. We may contact you if a product is unavailable, an obvious pricing error occurs or delivery is not practicable.
Customers must provide accurate contact, delivery and order information. Before placing an online order, customers must actively accept these Terms & Conditions and the linked Returns & Refund, Cancellation and Delivery Policies.
3. Products, quantities and suitability
Product photographs and descriptions are indicative. Natural products such as soil, bark, mulch, stone and aggregate may vary in colour, texture, size and moisture content between batches. Reasonable natural variation does not, by itself, mean a product is faulty.
Bulk quantities are supplied using the measurement or loading method stated on the product listing or quote. Volume calculator results are estimates only; customers are responsible for checking dimensions, depths and suitability for their intended project. Contact us before ordering if exact specifications or tolerances are important.
Any product-specific warnings, handling instructions or restrictions communicated at sale form part of the relevant order, subject to applicable law.
4. Pricing, GST and payment
All website prices are in New Zealand dollars (NZD) and include GST unless clearly stated otherwise. Delivery and other applicable charges will be shown or confirmed before the customer completes an order.
Online orders are payable at checkout using the payment methods offered. We do not dispatch or release prepaid orders until payment is confirmed. A quotation is valid for 30 days unless it states another period; changes require customer agreement where applicable.
Approved trade credit accounts are payable on the 20th day of the month following the invoice date, unless otherwise agreed in writing. For overdue trade credit balances, interest of 2.5% per month may be charged only where this rate has been clearly agreed in the applicable credit terms and is lawful. Reasonable, properly incurred collection costs may be recovered where permitted by law.
5. Delivery, access and unloading
Delivery areas, charges and available dates depend on the address, product, quantity and truck requirements. Delivery dates and times are estimates unless expressly agreed as firm commitments.
Some orders require multiple truckloads or separate shipments. We will tell customers about the arrangement and seek approval for any additional charges before proceeding. If delivery is delayed, we will notify the customer as soon as reasonably practicable and arrange a revised time or an applicable remedy.
The customer must provide accurate delivery instructions and reasonably safe, suitable vehicle access and unloading space. Drivers may decline an unsafe unloading location. If a failed delivery is caused by inadequate access or inaccurate instructions, reasonable additional costs may apply if disclosed and permitted by law.
Please inspect delivered goods when reasonably practicable and contact us promptly about shortages, damage or incorrect goods. This request does not limit statutory rights. The separate Delivery Policy contains additional details.
6. Click & Collect
Orders selected for Click & Collect must be collected from the nominated branch after the customer has received confirmation that the order is ready. Customers may be asked for an order number and proof of purchase.
Collection and loading are subject to site safety requirements. Customers are responsible for using a roadworthy vehicle or trailer with suitable load capacity and securing their load safely. Free loan trailers, where offered, are subject to separate availability, eligibility and loan conditions.
7. Changes, cancellations and refunds
Contact Wyatts promptly if you wish to amend or cancel an order. Change-of-mind cancellations may be refused once products have been prepared, loaded, specially ordered or dispatched, subject to any agreed cancellation rights and applicable law.
Loose bulk materials generally cannot be returned for change of mind after delivery or collection. Faulty, incorrect or otherwise non-compliant goods will be dealt with in accordance with the Consumer Guarantees Act 1993 and other applicable law.
Please read our separate Returns & Refund Policy and Cancellation Policy, which form part of these terms. Where an inconsistency arises, applicable statutory rights prevail.
8. Consumer rights and business purchases
Nothing in these terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
For goods or services acquired in trade, any contracting out of the Consumer Guarantees Act or specified Fair Trading Act provisions must be agreed in writing, meet the statutory requirements and be fair and reasonable. These website terms alone do not purport to contract out of those protections.
9. Liability
To the extent permitted by law, Wyatts is not responsible for losses caused by inaccurate customer instructions, unsafe site access, incorrect application or use of goods contrary to supplied instructions.
For business-to-business transactions only, and to the extent legally permitted, neither party is liable to the other for indirect or consequential loss arising from the transaction, except for fraud, wilful misconduct or liabilities that cannot lawfully be excluded.
Nothing in this clause limits liability or remedies where doing so would be unlawful.
10. Title, risk and approved credit accounts
For goods sold on approved credit, ownership remains with Wyatts until the relevant goods have been paid for in full, to the extent permitted by law. Risk in goods passes in accordance with applicable law and the agreed delivery or collection arrangements.
Any Personal Property Securities Act 1999 security interest, PPSR registration, personal guarantee, right of recovery or additional credit security must be established under a separate, appropriately signed credit account agreement where applicable. Such arrangements do not arise merely because a retail customer ticks the online checkout box.
11. Customer information and privacy
We collect and use personal information to process orders, deliver goods, communicate with customers and operate our business. Our separate Privacy Policy explains our practices and customer rights under the Privacy Act 2020.
Payment card details are handled by the relevant payment provider. Please refer to our Privacy Policy for more information.
12. Events outside our control
We will take reasonable steps to address delays or failures caused by circumstances outside our reasonable control, including severe weather, road closures, supply disruption or vehicle breakdowns. We will communicate material delays and provide any remedies required by law.
13. Disputes and contact
Please contact admin@wyatts.nz with your order details if there is a problem. We will work with you to investigate and resolve the issue. We encourage prompt notification but do not impose a 14-day cut-off on statutory claims.
14. General
These terms are governed by New Zealand law. If any clause is unenforceable, the remaining clauses continue to apply to the extent legally possible.
We may update these website terms from time to time. The version presented to the customer at the time an order is placed will apply to that order unless a lawful variation is agreed.
15. Contact details
Landscape Supplies Limited trading as Wyatt Landscape Supplies
Website: https://www.wyatts.nz
Email: admin@wyatts.nz
Postal address: PO Box 199, Warkworth 0941, New Zealand